THIS DAY.

Auckland Star, Volume VI, Issue 1680, 7 July 1875, Page 2

THIS DAY.

His Honor took his seat at 10 o'clock. SHOOTING WITH INTENT. Thomas Edwards was charged with having shot at, with intention to do bodily harm, to John Tobey. Prisoner pleaded Not Guilty, but stated that he shot the prosecutor below the knee in his own defence. He intended to wound him slightly, because he had injured him. The prisoner then withdrew the plea of iSTot Guilty, and pleaded Guilty. He said his wife had run away to Auckland from him He then made a prisoner of Tobey, and went to look after his wife. When he found her she promised to come back and live with, him provided he releaaed Tobey. He did so. Two or three days afterwards she again bolted, and he found her with a mate of Tobeys. He got her home again He had a new business at Ohinemuri; he was a gum-packer, and made it up with his wife to start afresh, and open Jan eatinghouse. Tobey one day passed, and said he would be one with him. His wife then sent him for some blankets. He was absent for five minutes, and when he returned she was gone without her hat. He searched for her in every direction. After travelling five miles from Kati Kati, he met Tobey with hia wife and youngest child. He abused his wife, and also entreated her to return home for her five children's sake. Bhedid so, but said, "If John Tobey comes here I will encourage him, and, if you don't like it, you must." I went and bought a pistol—not knowing what Tobey would do. I went afterwards to his whare, and called on him to come out, and said he was no man. He picked up a tomahawk—l held the pistol towards him, and said : "I am not going to kill you, Jack; only to wound you " I fired, and shot him iv the leg. He wished to put in correspondence on the subject. John Tobey, the prosecutor, was then called and sworn : He never induced the woman to go with him ; she always followed him. He kept her with him. The Judye: Prisoner, you appear to have suffered grievous wrong at the hands of the prosecutor: the greatest wrong one man can do to another. He was not surprised at a man taking the law in his own hands under such circumstances, but the law gave him no excuse. Had he committed the act in the heat of the moment, when he found his wife with the prosecutor, he would have had the law on his side. He was bound to vindicate the law, and he would therefore sentence the prisoner to one month's imprisonment. BURGLARY. Thomas Ike was indicted with burglariously entering the bouse of John McDouall, Mahurangi, with intent, &c, on prosecutor's wife. Prisoner pleaded not guilty, and was defended by Mr Kees. The Crown Prosecutor stated the case to the Jury. Mrs McDoaull deposed that on the 3rd of June last her husband was working 16 miles from home, and her children were living with her. It was a fourroomed house, and the doors and windows were fastened ab midnight on the 3rd. She was awoke by the falling of glass on the floor. She saw a man. [The whole of this witnesses evidence was similar to thet given by her in the R. M. Court, and published in the Star.] By Mr Bees: She lit the candle when Calders came to her assistance. But the night was dark. She knew the man who attempted to get in the house was the prisoner. She did not know his name, and had not seen him for some months previous Sher remembered the features next morning. Hugh Calder deposed he was a settler residing at Mahurangi. On the night of the 3rd of June he was awoke by cries, of murder, and he went to the front door of Mrs McDoull's house. He took Mrs McDoull to his house, and heard footsteps all night around his house. The individual tried to open the door of his (witnesses) house. He ordered him away. Next morning in going to Mr McDoull's house he found it all up«et and dirty. To the Judge : The night was not so dark but that a man could be distinguished. To the Jury : The prisoner is the only native in that locality, and was in the employ of the prosecutor. John McDoull stated that the prisoner had been in his employ for some time, and left him on the 2nd June. The prisoner told the prosecutor ho was going to work at Mahurangi Heads. His wife sent for him the day after tie attempt to get into his house. He was with tke prisoner when he was arrested. The prisoner stated to the constable ho knew he had done something wrong. He was drunk at the time ; he spoke in English. Constable Munro, special constable for the Mahwangi district, deposed to arresting the prisoner. On the following Monda.y morning; prisoner said to him : " Do you | think a £5| note would settle this affair of McDoull's ?'| 1 replied, "No ; you must go to Auckland." Mr Rees then addressed the jury for th| defence. [Hia Honor, during the address] called tho attention of counsel to the fact that the committing justices had committed the prisoaer for trial on a charge of larcenyf] His Honor in summing up dwelt strongly on the doubt expressed of the indentificition of the prisoner. The jury, after a few minutes retirement;, returned with a verdict of Guilty. The prisoner was sentenced to two years' imprisonment with hard labour. BESTIALITY. A young man named Brown, aged 20, vas arrainged upon an indictment charging him with committing an abominable crime atjjfche Whau, in the month of May. Prisoner pleaded Not Guilty. Mr Brookfield opened the case, which/are unfit for publication, and Mr B.esketh|appeared for the defence.